Sudhir Singh v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.83641 of 2019 Arising Out of PS. Case No.-41 Year-2019 Thana- SIMRA District- Aurangabad ====================================================== Sudhir Singh, Son of Late Ugrah Singh, Resident of Village - Berawn, P.S.- Simra, Distt - Aurangabad.

... ... Petitioner

Versus

The State of Bihar ... ... Opposite Party ====================================================== Appearance :

For the Petitioner :

Mr. Santosh Kumar Pandey, Advocate For the Opposite Party :

Mr. Anand Mohan Prasad Mehta, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE ASHWANI KUMAR SINGH ORAL ORDER 17-03-2020 Heard learned counsel for the petitioner and learned counsel for the State being assisted by the learned counsel for the informant.

The petitioner seeks bail in connection with Simra P.S. Case No.41 of 2019 registered for the offence punishable under Sections 341, 323, 324, 325, 326, 308 and 379 read with 34 of the Indian Penal Code.

It is submitted by the learned counsel for the petitioner that the instant case has been instituted by the informant in retaliation to Simra P.S. Case No.39 of 2019 dated 26.09.2019 instituted by the petitioner against the informant and his family members. It is further contended that though there is an allegation that the accused persons who were five in number were variously armed with bhala, garasa and sword mercilessly assaulted the informant, the injury report issued by the doctor, who treated the

Patna High Court CR. MISC. No.83641 of 2019(4) dt.17-03-2020 2/2 informant would suggest that the injuries were mostly on non-vital part of the body and were in the form of pain and swelling. The two incised wound on the left and the right leg of the informant were found simple in nature.

On the other hand, learned counsel for the State contended that earlier case instituted by the petitioner on 26.09.2019 has not been found true during investigation. He has further contended that the petitioner was also armed with pistol and there is specific allegation that he assaulted the informant on head with the butt of the pistol.

In reply, learned counsel for the petitioner submitted that no injury has been found on the head of the informant by the doctor who treated him.

Be that as it may, regard being had to the nature of allegation and the fact that the petitioner is in custody since 08.11.2019, he is directed to be released on bail on furnishing bail bond of Rs.10,000/- (rupees ten thousand) with two sureties of the like amount each to the satisfaction of the learned S.D.J.M., Aurangabad in connection with Simra P.S. Case No.41 of 2019. (Ashwani Kumar Singh, J.) Sanjeet/- U T